The constitution of our nation
Constitution
Preamble
We, the rightful heirs of our ancestors, with a desire to honor and respect our unique heritage, and with a desire for the future and existence of our nation do hereby declare:
THAT our people are among the mixed blood descendants of the original peoples of this land and of the immigrants from other lands, collectively known as Metis, Mestizo, Mulatto, Melungeon, and/or Bemdineek;
THAT our people occupy our Ancestral Territory, currently known as southern Canada, the United States, northern Mexico, and their surrounding areas;
THAT our people have been put here by the Creator;
THAT the Creator gave us laws that govern all our relationships for us to live in harmony with nature and all mankind;
THAT the laws of the Creator defined our rights and responsibilities;
THAT the Creator gave us our spiritual beliefs, our languages, our cultures, and a place on Mother Earth which provided us with all our needs;
THAT we have maintained our freedom, our languages, and our traditions from our creation as a people;
THAT we continue to exercise the rights and fulfill the responsibilities and obligations given to us by the Creator for the land upon which we were placed;
THAT the Creator has given us the right to govern ourselves and the right to self determination;
THAT the rights and responsibilities given to us by the Creator Cannot be altered or taken away by any other nation;
THAT our aboriginal title, aboriginal rights and international treaty rights exist and are recognized by international law;
THAT the Constitutions and Laws of the United States, Canada, and Mexico protects our aboriginal title, aboriginal rights (both collective and individual) and international treaty rights;
THAT our governmental powers and responsibilities exist; and
THAT our nation is part of the international
community.
In support of these declarations, we are determined:
To protect our succeeding generations from assimilation;
To reaffirm our faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men, women, and children;
To establish conditions under which justice
and respect for the obligations arising from our international
treaties and from international law can be
maintained; and,
To promote social progress and better standards
of life among our Metis Nation of the South peoples.
We hereby state our goals to be:
To respect our diversity;
To practice tolerance and work together as good neighbors;
To unite our strength to maintain our security; and,
To employ national and international machinery for the promotion of the political, economic and social advancement of our peoples.
Thus do we hereby decree, the formation
of the MÈtis Nation in the South to be of Sovereign character
and stature in Honor of our Ancestors who have gone
before us. And do hereby establish this Constitution as the guiding
principles and legal foundations of our Nation.
Article I. Extra-National Regulations
Section 1. The Metis Nation of the South co-exists upon the territories of the United States, Canada, and Mexico. As such, the Nation shall not enact legislation in any jurisdiction of the United States, Canada, Mexico, or any of their respective states, territories, or possessions), if it is in conflict with the laws of that jurisdiction.
Section 2. The National Chairman may issue a "Declaration of a State of National Emergency," hereafter referred to as Declaration, during which Article I (1) is suspeded.
A. The issuance of a Declaration shall be ratified by either a two-thirds (2/3) vote of the National Council, by a majority vote in a referendum by the citizens qualified to vote, or by such means as is provided in the hereafter described "Emergency Powers Act."
1. The Council shall, within 90 days of the ratification of this Constitution, enact a law, to be styled the "Emergency Powers Act," that stipulates the conditions under which the National Chairman may issue a "Declaration of a State of National Emergency;" list any limitations or expansions of his duties and/or authorities during the term of said emergency; set guidelines for time-limits for automatic expiration of said Declaration, if any; and to provide a means for lawfully initiating a Declaration when the situation is such that the ratification process is impossible. Said Act shall be ratified by two-thirds (2/3) vote of the citizens of the Nation in a special referendum election called for that purpose within 10 days of the completion of said Act.
B. Upon ratification of a Declaration of a State of National Emergency, the nation shall remain in a state of emergency until the National Chairman declares the state of emergency to no longer be in effect, the time-limit, if any, is reached for such a Declaration to expire, or upon a majority vote of either the Council or by referendum of the citizens to such an effect.
Article II Bill of Rights
Section 1. The judicial process of the Metis Nation of the South shall be open to every member of the Metis Nation of the South. Speedy and certain remedy shall be afforded under the terms of this Constitution for every wrong and injury to person, property or reputation wherein said remedy does not conflict with the laws of the United States, Canada, or Mexico. The National Council shall prescribe the procedures pertinent thereto.
Section 2. The appropriate protections guaranteed by the Geneva Convention regarding the rights of Aboriginal People and Nations, the Indian Civil Rights Act of 1968, and other relevant international and federal laws, statutes, policies, and/or regulations shall apply to all members of the Metis Nation of the South residing within the United States.
Article III Membership
Section 1. Determination of Eligibility for Citizenship.
Membership within the Metis Nation of the South is based upon the established historical precedents of our ancestors. The specific requirements are as follows:
A. Citizenship by Birth
1. Any person whose mother or father is a citizen of the Nation, is automatically a citizen by birth.
B: Citizenship by Adoption
1. Any person who was adopted as a child, according to the laws of any non-Metis jurisdiction, by a citizen(s) of the nation, is a citizen by adoption.
2. Any person who has been adopted as a child or adult, according to such adoption laws as may be set by the National Council of The Metis Nation of the South, is a citizen by adoption.
C: Citizenship by Marriage:
1. Any person who has legally married a citizen of the Nation, is a citizen by marriage.
D: Citizenship by Naturalization:
1. Any person has the right to apply for citizenship by means of naturalization. There shall be no law restricting the right to apply for citizenship by non-citizens.
2. To be naturalized, a person must prove, that he/she has First Nations Ancestry and non-First Nations Ancestry. Such proof may be by legal records, or by entering a dated statement as follows:
(This document is referred to as "Statement of Oral Tradition.")
"I hereby affirm under penalty of perjury, that according to the oral traditions of my family, that I am descended by blood of First Nations Ancestry, of the ____________________________ Tribe(s) or Nation(s), and of non-First Nations Ancestry of the ____________________________ Tribe(s) or Nation(s)."
3. Said proof of ancestry shall be submitted to the Registrar along with a naturalization application form, (This form shall require the applicant to give their complete name, marital status, names and ages of any children, date and place of birth, parents names, and address of residence.) and the statement of the oath of citizenship (according to the style of Article III (1) (E) (4)), as set by the National Council.
Upon receipt of these items, the Registrar shall check to see if the applicant is eligible for citizenship according to this article. If said applicant is eligible, the Registrar shall enter the applicant's name on the roll. If the applicant is ineligible, the Registrar shall inform the applicant that he/she is ineligible, along with a copy of this article. The Registrar must make this decision within ten (10) days of the receipt of the application.
4. If the applicant has been informed that he/she is ineligible for naturalization, he/she shall have the right to appeal the decision to the National Council. The applicant may make a written statement explaining his case to the Council, and at the next meeting of the Council, the Council shall vote upon the merits of the case. A majority vote of the Council is necessary to overturn the decision of the Registrar. There shall be no right of further appeal of the decision of the Council, but the rejected applicant shall have the right to apply again for naturalization, if he/she has new evidence of his/her case.
E: Registration of Citizenship:
1. All persons who are citizens by birth, adoption, or marriage must register their citizenship by their twelfth birthday. Failure to register a claim to citizenship does not revoke the claimant's citizenship, however no citizen over the age of twelve (12) who has failed to register his/her citizenship shall be granted any identification document, and shall not be allowed to vote or hold office in the nation or in any band of the nation, until he/she has registered his/her citizenship.
2. To register his/her citizenship, a person must submit a citizenship registration form (This form shall require the applicant to give their complete name, marital status, names and ages of any children, date and place of birth, parents names, address of residence, and the basis of their claim of citizenship by birth, adoption, or marriage), and a statement of Oath and Citizenship as specified in Article III (1) (E) (4).
3. All persons who are citizens by naturalization are considered to have registered their citizenship in the completion of their naturalization application and their statement of the Oath of Citizenship.
4. The Statement of Oath of Citizenship shall be as follows:
"I, _____________, pledge my oath to the Metis Nation of the South. I promise to uphold the constitution of the Nation and to honor the traditions of my ancestors."
Such statement shall be signed and dated by the one giving the oath. Any person who is unable to write shall make his mark, or upon extreme hardship may make said oath orally before two witnesses who will make a written statement, under threat of perjury to have heard the administration of the oath.
F: Miscellaneous statues relating to citizenship
1. Citizens of the nation are permitted to retain citizenship in any other nation. However, citizens of the nation are subject to the laws of the nation when in or upon the national territory (both public and private), and the extra-territorial jurisdiction of the nation.
2. There shall be no residency requirement for citizenship. Citizens who do not reside within the extra-territorial jurisdiction of the nation are considered to be legal residents of the common territory of the nation for purposes of membership in a local band of the Nation.
Section 2. There shall be established a Metis Nation of the South Register, to be kept by the Registrar, for the inclusion of any individual for citizenship purposes in the Metis Nation of the South who presents the necessary evidence of eligibility for registration as detailed in Article III Section 1.
A. A Registration Council shall be established. It shall be the duty of the Registration Council to consider the qualifications and to determine the eligibility of those applying to have their names entered in the Metis Nation of the South Register. The Registration Council shall consist of a Registrar, the Deputy Registrar, and up to two (2) assistants. All assistant members shall be appointed by the Registrar, approved by the National Chairman, and confirmed by the Council.
B. There shall be a number assigned to every name which is approved and entered into the Metis Nation of the South Register. This number shall be preceded by the seven (7) words, "Metis Nation of the South Registry Number."
C. The decisions of the Registration Council shall be subject to review by the Tribunal created by Article VII. All provisions of review, decision, and appeal inherent in Article VII shall apply.
Section 3. Registration as used in this article refers to the process of enrolling as a member of the Metis Nation of the South and is not the same as the registration for voting purposes.
Article IV Distribution of Powers
Section 1. All power rests in the hands of the people of the
nation. The Metis people are truly, "the people who own themselves."
As such, the Metis Nation of the South shall never be governed
by a monarch or by any undemocratic form of government.
Section 2. The powers of the government of the Metis Nation of
the South shall be divided into three (3) separate departments:
Legislative, Executive and Judicial; and except as provided in
this Constitution, the Legislative, Executive and Judicial departments
of government shall be separate and distinct and neither shall
exercise the powers properly belonging to either of the others.
A. Commencing with the 2002 election process, no individual shall simultaneously hold positions in more than one department; however, no conditions within this Constitution, nor shall any law or enactment be passed that, shall preclude an individual from holding more than one position within any single department.
Article V Legislative
Section 1. The legislative power shall be vested in a National Council, styled as the National Council of the Metis Nation of the South.
Section 2. The Council shall establish its rules for its credentials, decorum and procedure.
A. All members shall meet on the official MNS discussion list and shall have an equal voice and an equal vote on the council. (In such case as the discussion list is not operational for a period of time of more than 2 weeks, the Chairman shall contact all members of the council by other means to continue the actions of the council in some form off-line or in another forum on-line.)
Section 3. The Council shall consist of a total number of members equal to twenty-five percent (25%) of the total enrollment of the Metis Nation of the South. Each Council Member shall be elected in the general election for a term of two (2) years, except that initial Council Members from odd numbered Districts as described in Article V (3) (A) (1) shall serve a term of one year, and until his successor is duly elected and installed.
A. The Council shall establish representative Districts which shall be within the historical boundaries of the Metis Nation of the South. These Districts shall be apportioned to afford a reasonably equal division of tribal membership among the Districts. Changes in enrollment which result in an unequal division of Council Membership for each District over two (2) consecutive years shall result in a process of redistricting.
1. The districts will be as follows:
District 1 - California, Nevada, Utah, New Mexico, and Arizona, Northwestern Mexico (Baja California, Chihuilla, and surrounding states)
District 2 - Oklahoma, Texas, Kansas, Colorado, Missouri, Northeastern Mexico (Nuevo Leon, Coahuila, and surrounding states)
District 3 - Arkansas, Louisiana, Mississippi, Louisiana, Alabama
District 4 - Tennessee, Kentucky, Virginia, North Carolina, South Carolina
District 5 - Georgia, Florida
District 6 - All states of the Contiguous United States north of Districts 1 and 2
District 7 - All states of the Contiguous United States north of Districts 3, 4, and 5
District 8 - All other states of Mexico and any territories or possessions thereof
District 9 - All of Canada and any territories or possessions thereof
District 10 - Alaska, Hawaii, and any territories or possessions of the United States
B. Each District shall elect a number of Council Members equal to twenty-five percent (25%) of the total enrollment of that District. Membership on the Council for any District in which there is no citizens, or for which election of a representative on the Council would violate the conditions of Article IV (2) (A), shall remain vacant.
C. The initial General Election of members to the Council pursuant to this Constitution shall occur within 30 days from the date of its ratification on a day to be announced by the National Chairman. Thereafter, even Districts shall elect Council Members on Even Years and odd Districts shall elect Council Members on Odd Years.
D. On first Monday in each January, or as soon as possible thereafter, of each year, the Secretary of the Metis Nation of the South, with the assistance of the Registrar, shall determine the number of Council Members each District shall elect in that year's General Election. The Secretary shall publicly announce the results of these determinations no later than the first of February.
1. The following conditions shall be examined:
a. Recommendations for redistricting, based upon the provisions of Article V (3) (A), if necessary.
b. Council Membership in accordance with paragraph C of this Section;
c. Districts which have increased in enrollment shall elect an additional number of Council Members in proportion to twenty-five percent (25%) of that increase.
d. Districts which have decreased in enrollment shall decrease the number of representatives on the Council by a process of attrition. No Council Member shall be removed from office as the result of a decrease in enrollment in their District.
E. The General Elections shall be held for a period of 10 days commencing on the third Monday of February, and shall be conducted in accordance with Article IX of this Constitution. Final results of the General Election shall be certified and be made public on the first Monday in each March.
Section 4. There shall be at least two regular annual sessions of the Council in each calendar year.
A. The first shall convene on the second Monday in each February for the purpose of establishing and ratifying the form of the ballot for that year's General Election, and to conduct any and all other lawful business of the Council.
B. The second shall convene on the second Monday in each March
or at such other date as the Council shall determine to install
new members and to certify the results of all elections for positions
within the government of the Nation and all referendum issues,
to determine and establish a calendar for regular monthly meetings
and scheduling requirements for purpose of setting and publishing
an agenda, and to conduct any and all other lawful business of
the Council.
C. No business shall be conducted by the Council during any meeting of the council except in accordance with the published agenda for that meeting.
D. No business shall be conducted by the Council unless at least two-thirds (2/3) of members thereof regularly elected and qualified shall be in attendance, which number shall constitute a quorum.
Section 5. Special meetings of the Council may be called: (A) by the National Chairman, (B) by the Deputy National Chairman when he has the full powers of the National Chairman as elsewhere defined, (C) upon written request of fifty-one percent (51%) of the members of the Council, or (D) upon the written request of ten percent (10%) of the registered voters of the Metis Nation of the South. The purposes of said meeting shall be stated in a notice published not less than ten (10) days prior to the meeting, and the Council may not consider any other subject not within such purposes. No special meetings may convene until (30) days have elapsed after the adjournment of a prior session or meeting, unless called pursuant to (A) and (B) above.
Section 6. All meetings of the Council and of its Councils shall be open to the public except: (A) When the discussion shall concern employment, retention or discharge of personnel; (B) When the question of the moral turpitude of any member of the Tribe is discussed; or (C) When the decorum of the audience shall prejudice orderly administration of business. In the event that consideration of a subject shall take place in Executive Session, the vote shall take place in an open meeting. Executive Sessions shall be held on a moderated discussion list, limited to members of the National Council, established for that purpose.
Section 7. The Council shall have the power to establish laws which it shall deem necessary and proper for the good of the Nation, which shall not be contrary to the provisions of this Constitution. The style of all bills or laws shall be: "Be It Enacted By The Metis Nation of the South Nation.'' The style of all resolutions shall be "Be It Resolved By The Metis Nation of the South Nation."
Section 8. No laws passed by the Council shall have retroactive effect or operation.
Section 9. The Council shall have the power of removal and said removal must be conducted in accordance with Article XI of this Constitution.
Section 10. Members of the Council and all Executive Officers shall be bound by oath, provided in Article XII, to support the Constitution of the Metis Nation of the South; to do everything within the individual's power to promote the culture, heritage and traditions of the Metis Nation of the South; and to perform the duties of their respective offices with fidelity.
Section 11. Every enactment which shall have been approved by a majority of the members in attendance at the Council shall, before it becomes effective be presented to the National Chairman, if he approves, he shall sign it; if not, he shall return it with his objections to the Council, which shall enter the objections in the Journal and proceed to reconsider it. If, after such reconsideration, two-thirds (2/3) of the entire council shall agree to pass the enactment, it shall become fully effective and operational notwithstanding the objections of veto of the National Chairman. In all such cases, the vote of the Council shall be determined by yeas and nays, and the names of the members voting shall be entered on the Council's Journal. If any enactment shall not be returned by the National Chairman within thirty (30) calendar days after it shall have been presented to him, the same shall be law in like manner as if he had signed it.
Article VI Executive
Section 1. The executive power shall be vested in a National Chairman, who shall be styled "The National Chairman of the Metis Nation of the South." The National Chairman shall hold his office for the term of two (2) years; and shall be elected by the qualified voters on the same day and in the same manner, except as otherwise provided by this Constitution, as they shall respectively vote for members of the Council from evenly numbered Districts for that particular year, provided, the National Chairman in office when this Constitution is ratified shall continue in office until his successor is duly elected in the 2000 election and installed.
A. The returns of the election for the National Chairman shall be sealed and directed by the lawfully appointed election officials to the Secretary-Treasurer, who shall, immediately after the organization of the Council, and before proceeding to other business, open and publish the same in the presence of a majority of the Council.
1. The person having the highest number of votes, shall be the National Chairman.
2. If a person does not have a plurality of at least ten percent (10%) of the votes cast, then that person and the person or persons who received the two (2) highest count of votes shall shall enter a runoff election to be completed within five (5) days of the General Election in which a new National Chairman is elected.
Section 2. The National Chairman of the Metis Nation of the South shall be a citizen of the Metis Nation of the South in accordance with Article III; shall have been born within boundaries of the United States of America, Canada, Mexico, or any territories or possessions thereof; shall have established a bona fide, permanent residence within the historic boundaries of the Metis Nation of the South for no less than 270 days immediately preceding the day of the general election in which he or she was elected; shall not have been convicted of, nor pled guilty or pled no defense to, a felony charge for any act, whether by action or omission thereof, related to their responsibilities or obligations as a fiduciary under the laws of the United States of America, Canada, or Mexico, or of any State, Territory, or Possession thereof, unless they have received a pardon; shall have obtained the age of twenty-one (21) years of age at the time of his or her election; and shall be a member by blood of the Metis Nation of the South.
Section 3. The qualified voters shall elect a Deputy National Chairman, who shall possess the same qualifications as the National Chairman, for a term of two (2) years at the same time and in the same manner, except as otherwise provided by this Constitution, as they shall respectively vote for members of the Council from odd numbered Districts for that particular year, provided, the Deputy National Chairman in office when this Constitution is ratified shall continue in office until his successor is duly elected in the 2001 election and installed.
Section 4. In case of the absence of the National Chairman from office due to his death, resignation, removal or inability to discharge the powers and duties of the said office, the same shall devolve upon the Deputy National Chairman for the remaining portion of the two (2) year term to which the National Chairman has been elected. In case of disability, such powers shall continue during the term of such disability, the Council shall fill Vacancies in the office of the Deputy National Chairman.
Section 5. The Council may, in the case of removal, death, resignation or disability of both the National Chairman and the Deputy National Chairman, provide by law what officer shall then act as National Chairman until the disability be removed or a successor shall be elected.
Section 6. The National Chairman and Deputy National Chairman shall, at stated times, receive for their service a compensation not inconsistent with Article X.
Section 7. Before the National Chairman assumes his office, he shall take the oath or affirmation as provided for in Article XII.
Section 8. The National Chairman may on extraordinary occasions convene the Council at the seat of government pursuant to Article V, Section 5, and such notice and other laws as may be prescribed by the Council. The purpose of said meetings must be stated and the Council may consider only such matters as are specified in the call of the extraordinary meetings. Before the extraordinary meetings may be legally sufficient to conduct business, a quorum of the Council must be present.
Section 9. At every session of the Council, and immediately upon its organization, the National Chairman shall communicate by message, delivered to the Council upon the condition of the Metis Nation of the South; and shall recommend such matters to the Council as he shall judge expedient.
Section 10. The National Chairman shall cause the laws of the Metis Nation of the South to be faithfully executed, and shall conduct in person and in such manner as shall be prescribed by law, all communications and business of the Metis Nation of the South. The National Chairman may cause to be formed and operated, trusts, the beneficiary of which shall be the Metis Nation of the South and these trusts shall be granted such powers as provided by law for public trusts. Authorization for these trusts, however, must be approved by a majority vote of the Council.
Section 11. The Deputy National Chairman shall, by virtue of his office, aid and advise the National Chairman in the administration of the government and shall be President of the Council but shall vote only for the purpose of breaking a tie vote.
Section 12. Nothing in this Constitution shall be construed as preventing the National Chairman from appointing such administrative assistants, as he deems proper.
Article VII Judicial
Section 1. There is hereby created a Judicial Appeals Tribunal composed of three (3) members, all of whom shall be members of the Metis Nation of the South, appointed by the National Chairman, approved by the Council, and ratified in a referendum vote of the citizens of the Metis Nation of the South for such terms as the Council may provide.
Section 2. The purpose of this Tribunal shall be to hear and resolve any disagreements arising under any provisions of this Constitution or any enactment of the Council. The Council shall provide for a procedure that shall insure that any litigant receives due process of law together with prompt and speedy relief. Any decision of the Judicial Appeals Tribunal may be appealed to, and a final decision shall be arbitrated by, the National Council who shall be final source of remedy insofar as the judicial process of the Metis Nation of the South is concerned.
Article VIII. Cabinet
Section 1. There shall be a cabinet composed of the following persons who shall be members of the Metis Nation of the South:
Secretary-Treasurer
Registrar
Ambassadors of the Nation
Section 2. The Secretary-Treasurer, who shall possess the same qualifications as the National Chairman, shall be elected for a two (2) year term in the same General Election as the National Chairman. The Secretary-Treasurer shall be responsible for ensuring compliance of all documentation and record keeping in accordance with the laws of this Constitution and the laws of the Metis Nation of the South and shall conduct such other duties delineated in this Constitution and as directed by the Council and/or the National Chairman.
Section 3. The Registrar shall be elected for a two (2) year term in the same General Election as the Deputy National Chairman, and shall conduct the duties delineated in this Constitution and as directed by the Council and/or the National Chairman.
Section 4. Ambassadors of the Nation shall be appointed by the National Chairman for each district of the nation and approved by the Council. They will serve in their positions until they resign or the Council recalls them for reelection. Ambassadors will be charged to represent the Nation in their district, and to help publicize the nation in their local area. The ambassador must reside within the district he or she represents, but if there are not enough Ambassadors, then districts may be combined until sufficient number of Ambassadors is elected.
Section 5. The Council, on recommendation of the National Chairman only, may create additional cabinet positions and departments. The National Chairman shall prescribe the duties and responsibilities of cabinet members. Cabinet members shall be authorized to appoint such staff and other assistants as they deem necessary. The Council may, with recommendation of the National Chairman, abolish any established cabinet position or function or revise the title or responsibilities of any foregoing department or function.
Article IX. Election
Section 1. The Council shall enact an appropriate law not inconsistent with the provisions of this Constitution that will govern the conduct of all elections, provided that the initial election of the Council and Deputy National Chairman shall be conducted pursuant to rules and regulations promulgated by the National Chairman and the provision set forth in Articles V and VI of this Constitution, notwithstanding, the National Chairman or Council may adopt rules requiring a majority vote for any elective office.
Section 2. Any citizen of the Metis Nation of the South who is at least eighteen years of age on the date of the election may be a candidate for the Council. No citizen shall be denied membership on the council except that no person who shall have been convicted of or has pled guilty or has pled no defense to a felony charge for any act, whether by action or omission thereof, related to their responsibilities or obligations as a fiduciary under the laws of the United States of America, Canada, or Mexico, or of any State, Territory, or Possession thereof, shall be eligible to hold any office or appointment of honor, profit or trust within this Nation unless such person has received a pardon. In addition, the Council may vote sanctions on a member who violates common rules of respect and decency towards other members of the Council.
Section 3. Placement of a citizen's name on a ballot for any position may be by self-nomination or by public nomination by another qualified voter except that a person so nominated must publicly accept said nomination.
Section 4. All elections shall be determined in the form and manner determined by the Council.
Section 5. The Council shall provide for a procedure that shall establish a manner of determining contested elections.
Article X. Fiscal
Section 1. The fiscal year shall commence on the first day of July in each year, unless otherwise provided by law.
Section 2. The Council shall provide by law for an annual expenditure of funds, and the source from which funds are to be derived, to defray the estimated expenses of the Executive Council, Cabinet and Departments of Government of the Metis Nation of the South for each fiscal year. The budget shall not exceed estimated revenues.
Section 3. At least thirty (30) days prior to the convening of each regular session of the Council, the Secretary-Treasurer shall make and present to the Council an itemized estimate of the revenue to be received by the Metis Nation of the South, together with a statement of the sources from which revenues are to be received, under the laws, grants judgments, interests, and any other sources in effect at the time such estimate is made for the next ensuing fiscal year. The Secretary-Treasurer shall prepare annual financial statements reflecting the results of operations of all activities of the Nation and shall prepare a consolidated balance sheet in conformity with generally accepted accounting principles within sixty (60) days after the end of the fiscal year.
Section 4. The Council shall require that records be maintained of all funds, monies, accounts and indebtedness and all other accounts bearing upon the fiscal interests of the Metis Nation of the South by the use of a uniform system of accounting which records and financial statements shall be audited by a Certified Public Accountant or as otherwise may be prescribed by the Council prior to the submission of said accounts to the Council.
Section 5. The Secretary-Treasurer shall be authorized to accept all grants, donations of money, interest of funds of the Metis Nation of the South, judgments and any and all other sources of monies available to the Metis Nation of the South, for uses and purposes and upon the conditions and limitations for which the same are granted or donated; and the faith of the Metis Nation of the South is hereby pledged to preserve such grants and donations as a sacred trust, and to keep the same for the use and purposes for which they were granted or donated.
Section 6. The Council shall have the authority to invest funds or money of the Metis Nation of the South and the preference to be given to the security for such investments, the manner of selecting the securities, prescribing the rules, regulations, restrictions and conditions upon which the funds shall be loaned or invested, provided that no investment shall be in mortgages other than first mortgages only, and do all things necessary for the safety of the funds and permanence of the investments.
Section 7. The credit of the Metis Nation of the South shall not be given, pledged, or loaned to any individual, firm, company, corporation, or association without the approval of the Council. The Metis Nation of the South shall not make any donations by gift, or otherwise, to any individual, firm, company, corporation, or association with out the approval of the Council.
Section 8. All laws authorizing the expenditures of money by and on behalf of the Metis Nation of the South shall specify the purpose for which the money is to be used, and the money so designated shall be used for no other purpose. Annual expenditures shall not exceed the available funds.
Section 9. General laws shall be enacted by the Council providing for the deposit of funds of the Metis Nation of the South, and the depository thereof, and such funds shall be under the control of the Secretary-Treasurer, under such terms and conditions as shall be designated by said Council and under such laws which shall provide for the protection of said funds.
Section 10. No official, member or officer of the Council, Cabinet Member, employee of any official, Council, Cabinet, or subdivisions thereof, or any person employed in any capacity by the Metis Nation of the South shall receive from any individual, partnership, corporation, or entity doing business with the Metis Nation of the South directly or indirectly, any interest, profit, benefits or gratuity, other than wages, salary, per diem, or expenses, specifically provided by law.
Section 11. All officers, elected or appointed, who are authorized by this Constitution or any subsequent legislation to a position of trust over any land, property, accounts or monies, shall execute an official surety bond in the amount as may be required by the Council, and such surety bonds shall inure to the benefit of and be paid for by the Metis Nation of the South for whose protection or surety the same shall be required and in no event shall said surety bond be other than by a Licensed Insurance Company, authorized to do business in the state in which said individual resides.
Article XI. Removal From Office or Position
Section 1. The National Chairman and the Deputy National Chairman shall be subject to removal from office for willful neglect of duty, corruption in office, incompetence or any conviction involving moral turpitude or fiscal wrong-doing committed while in office.
Section 2. All other elective officers shall be subject to removal from office in such manner and for such causes as may be provided by laws passed by the Council.
Section 3. No employee, who having served in a position at least one (1) year, shall be removed from the employment of the Metis Nation of the South except for cause.
Section 4. All elected officers and employees of the Metis Nation of the South who are subject to removal from their office or position shall be afforded a hearing by the Judicial Appeals Tribunal under such rules and procedures as may be prescribed by the Council.
Section 5. The Council shall pass such laws as are necessary for carrying into effect the provisions of this Article, insuring therein that due process is afforded the accused.
Article XII. Oath
Section 1. All officers elected or appointed shall, before entering upon the duties of their respective offices, take and subscribe to the following oath or affirmation:
"I do solemnly swear, or affirm, that I will faithfully execute the duties of
_______________ of the Metis Nation of the South, and will, to the best
of my ability, preserve, protect and defend the Constitution of the Metis
Nation of the South. I swear, or affirm, further, that I will do everything
within my power to promote the culture, heritage and traditions of the
Metis Nation of the South."
Section 2. Any person authorized by the Council to administer oaths shall administer the foregoing oath. The oath shall be filed in the Office of the Secretary-Treasurer.
Article XIII. Bands and Clans
Section 1. Nothing in this Constitution shall be construed to prohibit the right of any citizen to belong to a recognized band, clan, or other organization within the Metis Nation of the South.
Section 2. The National Council shall have the power to pass ordinances that are consistent with and pursuant to this constitution governing the establishment and operation of bands, clans and other organizations of the Metis Nation of the South.
(Article XIII amended on 3/30/2001)
Article XIV. Initiative, Referendum and Amendment
Section 1. Notwithstanding the provisions of Article V, the people of the Metis Nation of the South reserve to themselves the power to propose laws and amendments to this Constitution and to enact or reject the same at the polls independent of the Council, and also reserve power at their own option to approve or reject at the polls any act of the Council.
Section 2. Any amendment or amendments to this Constitution may be proposed by the Council, and if the same shall be agreed to by a majority of all the members of the Council, such proposed amendment or amendments shall, with the yeas, and nays thereon, be entered into the Journal and referred by the Secretary-Treasurer to the people for their approval or rejection, at the next regular general election, except when the Council, by a two-thirds (2/3) vote, shall order a special election for that purpose. If a majority of all the registered voters voting at such election shall vote in favor of any amendment thereto, it shall thereby become a part of this Constitution.
Section 3. Powers Reserved by the citizens.
A. The first power reserved by the people of the Metis Nation of the South is the initiative and ten percent of the registered voters shall have the night to propose any legislative measure by petition and fifteen percent of the registered voters shall have the right to propose amendments to the constitution by petition, and every such petition shall include the full text of the measure so proposed.
B. The second power is the referendum, and it may be ordered (except as to laws necessary for the immediate preservation of the public peace, health or safety), either by petition signed by five percent of the registered voters or by the Council as other enactments are effectuated.
C. The ratio and percent of registered voters hereinbefore stated shall be based upon the total number of votes cast at the last general election for the officer receiving the highest number of votes at such election.
Section 4. Referendum petitions shall be filed with the Secretary-Treasurer not more than ninety days after the final adjournment of the session or meeting of the Council that passed the bill on which the referendum is demanded. The veto power of the National Chairman shall not extend to measures voted on by the people. All elections on measures referred to the people of the Metis Nation of the South shall be had at the next regular general election except when the Council or the National Chairman shall order a special election for the express purpose of making such reference. Any measure referred to the people by the initiative shall take effect and be in force when it shall have been approved by a majority of the votes cast in such election. Any measure referred to the people by the referendum shall take effect and be in force when it shall have been approved by a majority of the votes cast thereon.
Section 5. Petitions and orders for the initiative and for the referendum shall be filed with the Secretary-Treasurer and addressed to the National Chairman of the Metis Nation of the South, who shall submit the same to the people. The Council shall make suitable provisions for carrying into effect the provisions of this Article.
Section 6. The referendum may be demanded by the people against one or more items, sections or parts of any enactment of the Council in the same manner in which such power may be exercised against a complete enactment. The filing of a referendum petition against one or more items, sections or parts of an enactment shall not delay the remainder of such act from becoming operative.
Section 7. If two or more amendments are proposed they shall be submitted in such manner that electors may vote for or against them separately.
Section 8. No proposal for the amendment of this Constitution which is submitted to the voters shall embrace more than one general subject and the voters shall vote separately for or against each proposal submitted; provided, however, that in the submission of proposals for the amendment of this Constitution by articles, which embrace a general subject, each proposed article shall be deemed a single proposal or proposition.
Section 9. No convention shall be called by the Council to propose a new Constitution, unless the people on a referendum vote at a regular or special election shall first approve the law providing for such convention. Any amendments, alterations, revisions or new Constitution, proposed by such convention, shall be submitted to the electors of the Metis Nation of the South at a general or special election and be approved by a majority of the electors voting thereon, before the same shall become effective. The question of such proposed convention shall be submitted to the members of the Metis Nation of the South at least once in every twenty (20) years.
Article XV. Supersedes Old Declaration of the Will of the Nation
The provisions of this Constitution overrule and supersede the provisions of the Old Declaration of the Will of the Nation enacted by the Metis Nation of the South.
Article XVI Seat of Government
The Seat of Government of the Metis Nation of the South shall be at the city of residence of the National Chairman.
Article XVII. Adoption
This Constitution shall become effective when ratified by the qualified voters of the Metis Nation of the South at an election conducted pursuant to rules and regulations promulgated by the National Chairman. An original copy shall be filed in the official files maintained by the Secretary-Treasurer and shall also be posted on the official website of the Metis Nation of the South and sacredly preserved as the fundamental law of the Metis Nation of the South.